20060019 Ver 1_Complete File_20060103

- ? ?ATF
rd?0 RQG Michael F. Easley, Governor
William G. Ross Jr., Secretary
fP North Carolina Department of Environment and Natural Resources
Alan W. Klimek, P.E. Director
Division of Water Quality
February 3, 2006
DWQ Project # 06-0019 Version #2
McDowell County
Edward. Bates
Pioneer Development Company, LLC
1500 Maryland Avenue
Charlotte, NC 28209 FEB 1 0 2006
Subject Property: Black Forest / Phase 1 / Lot #18 psA ArE?Q7iRE>
High Camps Road, Marion, NC 28752"
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bates:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 793 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on January 9, 2006 and additional information
submitted by your consultant January 25, 2006. After reviewing your application, we
have decided that the impacts are covered by General Water Quality Certification
Number(s) 3492 (GC3492). The Certification (s) allows you to use Permit(s) NW30
when issued by the US Army Corps of Engineers (USACE). In addition, you should
obtain or otherwise comply with any other required federal, state or local permits before
you go ahead with your project including (but not limited to) Erosion and Sediment
Control, Non-discharge, and buffer regulations. Also, this approval to proceed with
your proposed impacts or to conduct impacts to waters as depicted in your
application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. -If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Certification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: http:llh2o.enr.state.nc.us/ncwetiands
Noce hCarolina
Natura!!if
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Pioneer Development Company, LLC
Page 2 of 4
February 3, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved Units Plan Location or Reference
Shoreline _ 793 linear feet A
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications. governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the. Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Pioneer Development Company, LLC
Page 3 of 4
February 3, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401/Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
Pioneer Development Company, LLC
Page 4 of 4
February 3, 2006
9. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. if trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
10. Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank.
Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in
these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or
riparian areas beyond the footprint of the impacts depicted in the Pre-
construction Notification. All construction activities, including the design,
installation, operation, and maintenance of sediment and erosion control Best
Management Practices, shall be performed so that no violations of state water
quality standards, statutes, or rules occur.
12. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.
Pioneer Development Company, LLC
Page 5 of 4
February 3, 2006
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin.Barnett(a ncmail. net or at 828-296-4657.
Sincerely,
AW K/khb
Alan W. Klimek, P.E., Director
Division of Water Quality
Enclosures: GC 3373
Certificate of Completion.
cc: Mrs. Sue Harmon
Permits Etc.
Post Office Box 234
Boiling Springs, NC 28017
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Filename: 06-001 9Ver#2. Pion eerDevelopementCo.LLC.BlackForest.WQ3492.Approval
FWATF
O?Q^G Michael F. Easley, Governor
William G. Ross Jr., Secretary
North Carolina Department of Environment and Natural Resources
C Alan W. Klimek, P.E. Director
Division of Water Quality
January 17, 2006
DWQ Project # 06-0019
McDowell County
Edward Bates
Pioneer Development Company, LLC
1500 Maryland Avenue
Charlotte, NC 28209
Subject Property: Black Forest / Phase 11 Lot #18
High Camps Road, Marion, NC 28752
Approval of 401 Water Quality Certification with Additional Conditions
Dear Mr. Bates:
You have our approval, in accordance with the attached conditions and those listed
below, to place fill within or otherwise impact 693 linear feet of shoreline for the purpose
of stabilization at the subject property, as described within your application received by
the N.C. Division of Water Quality (DWQ) on January 9, 2006. After reviewing your
application, we have decided that the impacts are covered by General Water Quality
Certification Number(s) 3492 (GC3492). The Certification (s) allows you to use
Permit(s) NW30 when issued by the US Army Corps of Engineers (USACE). In
addition, you should obtain or otherwise comply with any other required federal, state or
local permits before you go ahead with your project including (but not limited to) Erosion
and Sediment Control, Non-discharge, and buffer regulations. Also, this approval to
proceed with your proposed impacts or to conduct impacts to waters as depicted
in your application shall expire upon expiration of the 404 or CAMA Permit.
This approval is for the purpose and design that you described in your application. If
you change your project, you must notify us and you may be required to send us a new
application. If the property is sold, the new owner must be given a copy of this
Certification and approval letter and is thereby responsible for complying with all
conditions. If total fills for this project (now or in the future) exceed one acre of wetland
or 150 linear feet of stream, compensatory mitigation may be required as described in
15A NCAC 2H .0506 (h). This approval requires you to follow the conditions listed in
the attached certification and any additional conditions listed below.
The Additional Conditions of the Certification are:
401 Wetlands Cerfification Unit
1650 Mail Service Center, Raleigh, North Carolina 27699-1650
2321 Crabtree Boulevard, Suite 250, Raleigh, North Carolina 27604
Phone: [phone] / FAX [phone] / Internet: htta://h2o.enr.state.nc.us/ncwetlands
NrrthCarolina
?atttrVr
An Equal Opportunity/Affirmative Action Employer- 50% Recycled/10% Post Consumer Paper
Pioneer Development Company, LLC
Page 2 of 4
January 17, 2006
1. Impacts Approved
The following impacts are hereby approved as long as all of the other specific
and general conditions of this Certification (or Isolated Wetland Permit) are met.
No other impacts are approved including incidental impacts:
Amount
Approved (Units) Plan Location or Reference
Shoreline 693 (linear feet A
2. Erosion & Sediment Control Practices
Erosion and sediment control practices must be in full compliance with all
specifications governing the proper design, installation and operation and
maintenance of such Best Management Practices in order to protect surface
waters standards:
a. The erosion and sediment control measures for the project must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Sediment and Erosion Control Planning
and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and
erosion control measures must be such that they equal, or exceed, the
requirements specified in the most recent version of the North Carolina
Sediment and Erosion Control Manual. The devices shall be maintained on
all construction sites, borrow sites, and waste pile (spoil) projects, including
contractor-owned or leased borrow pits associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be
designed, installed, operated, and maintained in accordance with the most
recent version of the North Carolina Surface Mining Manual.
d. The reclamation measures and implementation must comply with the
reclamation in accordance with the requirements of the Sedimentation
Pollution Control Act.
3. No Waste, Spoil, Solids, or Fill of Any Kind
No waste, spoil, solids, or fill of any kind shall occur in wetlands, waters, or riparian
areas beyond the footprint of the impacts depicted in the Pre-Construction
Notification. All construction activities, including the design, installation, operation,
and maintenance of sediment and erosion control Best Management Practices,
shall be performed so that no violations of state water quality standards, statutes,
or rules occur.
Pioneer Development Company, LLC
Page 3 of 4
January 17, 2006
4. No Sediment & Erosion Control Measures w/n Wetlands or Waters
Sediment and erosion control measures shall not be placed in wetlands or waters
to the maximum extent practicable. If placement of sediment and erosion control
devices in wetlands and waters is unavoidable, they shall be removed and the
natural grade restored within six months of the date that the Division of Land
Resources has released the project.
5. Certificate of Completion
Upon completion of all work approved within the 401 Water Quality Certification
or applicable Buffer Rules, and any subsequent modifications, the applicant is
required to return the attached certificate of completion to the 401 /Wetlands Unit,
North Carolina Division of Water Quality, 1650 Mail Service Center, Raleigh, NC,
27699-1650.
6. Riprap Installation
All banks shall be laid back at a 2:1 (length : height) slope and riprap applied at
the water / land interface (at full pool). Riprap shall be placed as a linear
protective measure upon the regarded slopes. Stone used in stabilization shall
be a random size, varying from Class B riprap up to 6 feet in diameter to provide
additional wildlife habitat. All exposed soils above the Riprap stabilized area
shall be replanted in accordance with the attached Guidelines for Riparian
Buffer Restoration. This authorization shall in no way be construed as allowing
the installation of a bulkhead or seawall.
7. Heavy Equipment
Heavy equipment should be operated from the bank whenever possible. All
mechanized equipment operated near surface waters should be inspected and
maintained regularly to prevent contamination of stream waters from fuels,
lubricants, hydraulic fluids or other toxic materials. Equipment used in stream
channel must be clean, new or low hour equipment.
8. Diffuse Flow
All constructed stormwater conveyance outlets shall be directed and maintained
as diffuse flow at non-erosive velocities through the protected stream buffers
such that it will not re-concentrate before being discharged. If this is not possible,
it may be necessary to provide stormwater facilities that are considered to
remove nitrogen. This may require additional approval from this Office.
ti
Pioneer Development Company, LLC
Page 4 of 4
January 17, 2006
9. Catawba Buffer Tree Protection
No trees shall be removed from Zone 1 of the Catawba Buffer unless they are
directly within the construction access corridor. If trees are removed, forested
vegetation shall be re-established within the construction access or other
temporary impact area occurring in the protected buffer zone within the next
growing season following construction of the project.
10. Disturbed banks and a 25-foot vegetated zone, must be restored along the
shoreline to natural riparian conditions with native trees and shrubs (e.g., silky
dogwood, rhododendron, dog hobble, red maple, silky willow, tag alder, black
willow, sycamore) to provide long-term bank stability and stream shading. Note,
silky dogwood, silky willow and black willow can be planted as live stakes
collected during the dormant growing season. Cuttings should be randomly
planted on four (4) foot centers from the waters edge to the top of the bank.
Trees should be planted on ten (10) to twelve (12) foot centers. Stream banks in
these areas should also be seeded with a native annual and perennial seed mix
with a temporary nursery crop of wheat, millet or other grain.
10. No Impacts Beyond those in Application
No waste, spoil, solids, or fill of any kind
riparian areas beyond the footprint of
construction Notification. All constructic
installation, operation, and maintenance of
Management Practices, shall be performed
quality standards, statutes, or rules occur.
shall occur in wetlands, waters, or
he impacts depicted in the Pre-
i activities, including the design,.
sediment and erosion control Best
so that no violations of state water
12. Deed Restrictions
Deed Restrictions or similar mechanisms shall be placed on all retained
jurisdictional wetlands, waters and protective buffers in order to assure
compliance for future wetland, water and buffer impact. These mechanisms shall
be put in place prior to impacting any wetlands, waters and/or buffers approved
for impact under this Certification Approval and Authorization Certificate.
Violations of any condition herein set forth may result in revocation of this Certification
and may result in criminal and/or civil penalties. The authorization to proceed with your
proposed impacts or to conduct impacts to waters as depicted in your application and
as authorized by this Certification, shall expire upon expiration of the 404 or CAMA
Permit.

Pioneer Development Company, LLC
Page 5 of 4
January 17, 2006
If you do not accept any of the conditions of this Certification (associated with the
approved wetland or stream impacts), you may ask for an adjudicatory hearing. You
must act within 60 days of the date that you receive this letter. To ask for a hearing,
send a written petition, which conforms to Chapter 150B of the North Carolina General
Statutes to the Office of Administrative Hearings, 6714 Mail Service Center, Raleigh,
N.C. 27699-6714. This certification and its conditions are final and binding unless you
ask for a hearing.
This letter completes the review of the Division of Water Quality under Section 401 of
the Clean Water Act. If you have any questions, please telephone Cyndi Karoly in the
Central Office in Raleigh at 919-733-9721 or Mr. Kevin Barnett in the DWQ Asheville
Regional Office at either Kevin. Barnett(.S-ncmail.net or at 828-296-4657.
Sincerely,
Alan W. Klimek, P.E., Director
Division of Water Quality
AWK/khb
Enclosures: GC 3373
Certificate of Completion
cc: Mrs. Sue Harmon
Permits Etc.
Post Office Box 234
Boiling Springs, NC 28017
USACE Asheville Regulatory Field Office
DWQ 401 Central Office
DLR Asheville Regional Office
File Copy
Central Files
Q?c?r?odr??
JAN 2 4 2006
DENA - N?lp UALITY
?VIFilename: 06-0019. PioneerDevelopementCo. LLC. BlackForest.WQ3492.Approval

Triage Check List
Date: 1/06/05 Project Name: Edward Bates, Pioneer Dev, LLC, Lot 18
DWQ #:06-0019
County: McDowell
Kevin Barnett, Asheville Regional Office
To:
60-day Processing Time: 1/03/06 to 3/04/06
From: Cyndi Karoly Telephone: [phone]
The file attached is being forwarded to you for your evaluation.
Please call if you need assistance.
? Stream length impacted
? Stream determination
Wetland determination and distance to blue-line surface waters on USFW topo maps
? Minimization/avoidance issues
? Buffer Rules (Meuse, Tar-Pamlico, Catawba, Randleman)
? Pond fill
Mitigation Ratios
? Ditching
? Are the stream and or wetland mitigation sites available and viable?
? Check drawings for accuracy
Is the application consistent with pre-application meetings?
? Cumulative impact concern
Comments: As per our discussion regarding revision of the triage and delegation processes,
please review the attached file. Note that you are the first reviewer, so this file will need to be
reviewed for administrative as well as technical details. If you elect to place this project on hold,
please ask the applicant to provide your requested information to both the Central Office in
Raleigh as well as the Asheville Regional Office. As we discussed, this is an experimental, interim
procedure as we slowly transition to electronic applications. Please apprise me of any
complications you encounter, whether related to workload, processing times, or lack of a "second
reviewer" as the triage process in Central had previously provided. Also, if you think of ways to
improve this process, especially so that we can plan for the electronic applications, let me know.
Thanks!
?0 6 0 0
The following is an abbreviated application form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of $200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre.
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
1. Owner/Applicant Information
Name:
MR. EDWARD BATES
Mailing Address: PIONEER DEVELOPMENT CO., LLC
1500 MARYLAND AVENUE
CHARLOTTE, NC 28209,
JAN 3 2006
DENR = WATER QUALITY
?wos?wD sro? e?cH
Telephone Number: 704-200-5359
E-mail Address:
Fax Number:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name: MRS. SUE HARMON
Company Affiliation: PERMITS, ETC.
Mailing Address: POST OFFICE BOX 234
BOILING SPRINGS, NC 28017,
Telephone Number: 704434-0706.
E-mail Address:
_permitsetc@carolina. rr. com
II. Project Information
Attach a vicinity map clearly showing the location of the property with respect to local landmarks such
as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. You may use the diagram below to make a
hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.

Fax Number: 704-434-7100
Ed Lj)(Lrd Rn:eis
Pi nnee,r Pyelopme OL., LLC?
1. Location
County: MCDOWELL Nearest Town: MARION
Subdivision name or site address (include'phase/lot number): BLACK FOREST / PH. 1 / LOT #18
(HIGH CAMPS RD., MARION, NC 28752)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221 NORTH/ TR ON HANKINS RD. /
TL ON LAKE JAMES RD. / TR ON BLACK FOREST DR. / TL ON HIGH CAMPS DR.
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT.
3. Property size (acres): 3.167 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE 793 FEET OF ERODING
BANK ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. THE RIPRAP
WILL BE 6-7 FEET IN HEIGHT. THERE WILL BE GENTLE SLOPING OF THE BANK
TO ALLOW THE RIPRAP TO HOLD.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: _(SEE DRAWING NEXT PAGE)
2 FT. X 100 FT. + 3 FT. X 593 FT. + 2 FT. X 100 FT. = 2179 SQUARE FEET
8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
above the normal pool lake level and 50 feet land-ward in square feet or acres:
_3 FT. X 100 FT. + 6 FT. X 593 FT. + 3 FT. X 100 FT. = 4158 SQUARE FEET
(A CONSTRUCTION PATHWAY WILL NOT BE NEEDED SINCE A BARGE WILL BE USED.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): TWELVE TREES OVER 6" IN DIAMETER AND
24 TREES LESS THAN 6" IN DIAMETER WILL BE REMOVED. THEY WILL BE RE-
PLACED USING THE GUIDELINES OF THE MCDOWELL COUNTY SHORELINE
PROTECTION ORDINANCE. ANY REMAINING DISTURBED AREA WILL HAVE
MULCH APPLIED TO IT.
Los
Applicant/Agent's Signatur Date
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Lake (Full Pond)
T L'-,,
5'X 160'
Cleared
Area
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool"
elevation
3) Location of rip rap or fill to be placed below the "Normal Pool"
elevation
4) The location of any proposed structures such as buildings,
retaining walls, docks, etc.
5) The location of any excavation or dredging below the "Normal
Pool" elevation
6) Location of construction access corridors
Full Pond
K+pra.r.
2 X??
--proposed eM''Dclc?-
LI Shoreline
Riprr
'X6R3? Rip rap
,' x I bo' Lakeward
41- E--- Cleared - 5 - 6, t, 793 `

\\\\\ `1 T Above FL,11 POoi
3I X 100'
(?`?C 59?' Cleared
C Ieared Area
Area
P; onur Devdoprnenf Go•,u-C
VUK Foresf/ph. I lut 1$
t Thc, hea a h f of At, r i o ran will be.
zoo
'.-
J
'5',9 s
;10 L
t342 to ELK
viro?R+e^td Area 19.73' 352
preo
• L3
L 34 ?x ?, ?_ 5;
is 6?19?
r
N 5.
(Pioneer DeveIopmenf- Co., LiL
Ed ward BOAZ-15, *
.(610S,K. rorv'5f /ph. I Aaslg
LAKE. JAMES
69,
9 or
in
Recorded plot Book 9 poge Mc Dowell County Registry
$etbo& Lot 16A Only
1 olltol
A?p -
e
J ? . / T?
L42
i
a,tour 1
n
A

z?
75 offer (Typ.) z
NO I
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I
' t480
L4
L474 W ?.
L445 LOt. 19 $ ?. ?.
M
L4*1 Lot 1 B ,? c f .017 Ac-,
f N
? V r n
3.167 Ac ,
Lot
;O ? t)0 C51 k1 ? L? ?3
1s L ??` L c93 `? Lot 21 g ?s
Lot. 22, \\? 50' Rod.(TWP.
OP h_ _ t ? 100
X's- ?hd I?oeofi`o? O T?-. bEo
ri r f?-
SC?Ie,I=ax
Lot 23
-N-
x
L/
scale' gpears , he Opp s- I; 011 -
No?e',P b? 793.
Area Op propc6ed riprap measures
?y?
Marion area, NC
Edward Bates
Pi ational Forest
1663
;1662,
Wris
hiflet -
Field„
lr . FYMy :.?k
Biack Forest/ Ph. 1 /
High Camps Drive
Merlon, NC 28752
Latitude 35.731731

,
70
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O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Micromarketing Data and Systems Ltd.
Edward 13te?
Black or f To: North Carolina Division of Water Quality

I give Sue Harmon, of Permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s)?o,?ee( ??e1v Ca ?Lc.

Date i a l a -1
Edward Bates
Pioneer Development Comp. LLC
Black Forest / Lot 18
DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name 9DWARD BATES - Pioneer N-Velt)pmerll Comp , L LZ
B. Mailing Address 1500 MARYLAND AVENUE, CHARLOTTE, NC 28209
C. Telephone: [phone]
H. Location of Proposed Project
A. Lake LAKE JAMES
B. Street Address HIGH CAMPS ROAD, MARION, NC 28752
C. County MCDOWELL
D. City, town, community or landmark MARION
E. Section -PHASE 1 Lot # 18 Subdivision BLACK FOREST
F. Directions to property by road -FROM MARION TAKE HWY 221 NORTH / TR ON HANKINS RD. /
TL ON LAKE JAMES RD. / TR ON BLACK FOREST DR. / TL ON HIGH CAMPS DR. / PROPERTY
ON LEFT
G. Latitude and longitude for the project site LATITUDE 35.73091 LONGITUDE -81.97080
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.mausonus.com.
III. Description of Project
A. Length of wall APPROXIMATELY9I INEAR FEET
B. Material RIPRAP
C. Distance from property line/shoreline-WILL FOLLOW EXISTING SHORELINE
IV. Intended Use of Project Area
A. Private YES
B. Commercial
V. Applicant Signature v w
Agent Signature
E+r,
d1?nrue? Date /,5,"
06
100
• A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. -ROOM 208,
ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION: JOHNDORNEY
PARKVIEW BLDG., 2321 CRABTREE BLVD.
RALEIGH, NC 27604
r
12/22/05ssb
r) 0 1 n
The following is an abbreviated application form for those applying for a 401 Water Quality
Certification to impact FERC (Federal Energy Regulatory Commission) regulated lake shore or
bottom under the U.S. Army Corps of Engineers Permit GP30. This Application cannot be used
for wetland or stream impacts. Please provide seven (7) copies of this application and supporting
information as well as a non-refundable application fee to the Division of Water Quality of $200.00
for impacts of to lake bottom of less than 1 acre and $475.00 for impacts to lake bottom of greater
or equal to 1 acre. r..
Applications should be sent to:
Division of Water Quality Wetlands Unit
1650 Mail Service Center
Raleigh, NC 27699-1650
L Applicant Information
1. Owner/Applicant Information
Name:
MR. EDWARD BATES
Mailing Address:
PIONEER DEVELOPMENT CO., LLC
1500 MARYLAND AVENUE
CHARLOTTE, NC 28209.
Telephone Number: 704-200-5359 Fax Number:
E-mail Address:
2. Agent Information (A signed and dated copy of the Agent Authorization letter must be attached
if the Agent has signatory authority for the owner/applicant.)
Name:
Company Affiliation: PERMITS, ETC.
Mailing Address:
MRS. SUE HARMON
Y 1 ? f: t
J@f;:N@flV@J
AN'3 2006
DENR - WATER
ANA ITTER BRR4W-H
POST OFFICE BOX 234
BOILING SPRINGS, NC 28017
Telephone Number: _704434-0706 Fax Number: 704-434-7100
E-mail Address
IL Project Information
_permitsetc@carolina. rr. com
Attach a vicinity map clearly showing the location of the property with respect to local landmarks such
as towns, rivers, and roads. Also provide a detailed site plan showing property boundaries and
development plans in relation to surrounding properties. You may use the diagram below to make a
hand sketch of your project. Also, see the example below for guidance. Both the vicinity map and site
plan must include a scale and north arrow. The footprints of all buildings, impervious surfaces, or other
facilities must be included.
Eck W(Lra Ram
Pi ranee-c piaolon CL., LL6
1. Location
County: MCDOWELL Nearest Town: MARION
Subdivision name or site address (include phase/lot number): BLACK FOREST / PH. 1 /LOT #18
(HIGH CAMPS RD., MARION, NC 28752)
Directions to site please include road numbers, landmarks, etc. (This is not necessary if an adequate
vicinity map is included): FROM MARION TAKE HWY 221 NORTH/ TR ON HANKINS RD. /
TL ON LAKE JAMES RD. / TR ON BLACK FOREST DR. / TL ON HIGH CAMPS DR.
2. Describe the existing land use or condition of the site at the time of this application:
THIS IS A VACANT, WOODED LAKE LOT.
3. Property size (acres): 3.167 ACRES
4. Nearest body of water (stream/river/sound/ocean/lake): LAKE JAMES
5. Describe the purpose of the proposed work: TO STABILIZE 793 FEET OF ERODING
BANK ALONG THE SHORELINE OF THIS LOT BY APPLYING RIPRAP. THE RIPRAP
WILL BE 6-7 FEET IN HEIGHT. THERE WILL BE GENTLE SLOPING OF THE BANK
TO ALLOW THE RIPRAP TO HOLD.
6. List the type of equipment to be used to construct the project: A BARGE, A BACKHOE
AND HAND TOOLS
7. Amount of impact (including all excavation, backfill, rip rap, retaining walls, etc.) below the
normal pool lake level in square feet or acres: _(SEEDRAWING NEXTPAGE)
2 FT. X 100 FT. + 3 FT. X 593 FT. + 2 FT. X 100 FT. = 2179 SQUARE FEET
8.a. Amount of impact (including all clearing, back fill, excavation, rip rap, retaining walls, etc.)
above the normal pool lake level and 50 feet land-ward in square feet or acres:
3 FT. X 100 FT. + 6 FT. X 593 FT. + 3 FT. X 100 FT. = 4158 SQUARE FEET
(A CONSTRUCTION PATHWAY WILL NOT BE NEEDED SINCE A BARGE WILL BE USED.)
8.b. Please describe vegetation above the normal pool lake level and 50 feet landward to be impacted
(number of trees for instance): TWELVE TREES OVER 6" IN DIAMETER AND
24 TREES LESS THAN 6" IN DIAMETER WILL BE REMOVED. THEY WILL BE RE-
PLACED USING THE GUIDELINES OF THE MCDOWELL COUNTY SHORELINE
PROTECTION ORDINANCE. ANY REMAINING DISTURBED AREA WILL HAVE
MULCH APPLIED TO IT.

Applicant/Agent's Signature' U I Date i
(Agent's signature is valid only if an authorization letter from the applicant is provided.)
Lake (Full Pond)
Full Pond
Shoreline
RiPrap,
T u
?`X 1601
Cleared
Area
Please approximately sketch the following information on this plan
(please provide dimensions for each item, such as 10 ft. x 100 ft.):
1) All proposed vegetation clearing (provide dimensions)
2) Location of rip rap or fill to be placed above the "Normal Pool"
elevation
3) Location of rip rap or fill to be placed below the "Normal Pool"
elevation
4) The location of any proposed structures such as buildings,
retaining walls, docks, etc.
S) The location of any excavation or dredging below the "Normal
Pool" elevation
6) Location of construction access corridors
PropoC8 &0'Dock
Ripr(,,p
3? A.tpr``,p
;L' X: 16o' Lakeward
OrGtp ;Z?^3
F--- Cleared* x'793 `
Above F,,ll Peol
?' X IOD/
Cleared
Cle?? Arm
Area
Pioneer AevdOP"Af CD,LLC
Vox.K Fortsf /ph. I /Uf Ig
t The htiah+ of At, rinr n will be. (o'
go PW
Zoo
Pima Deve Iopmenf Co., LLC
Ed ward Pxif?s,
bla,K. Fore,'5f/ph, I Aa# I?
L
S°tbak (T,P•) ?y Z"K LAKE JAMES
;10 / v
L342 to Envr.• .b
-nviro? tod Area s 19.73 352 &tck
Q 94 6
Areo 3 /? /
L3 C4ja# t/
f L34 ?; ti 53 9 page
Recorded -in Plot Book page
Mc Dowell County.
I N ?? 1
75. erected 1
only • /'
°' <v g 5etbock lot 16A gaffer (TyP) C 480
i ZONO I
` 1455
L4 f1
p L474 t
Environrt+a^tol ? ?..
C L445 ?"• t 9
tea L435 LOA .I,ot 18 ^ f 017 AC • „`
\ N
Ac
1403 3.167 ., 4Lot
w0 ? '?? -0 L Cgt S C
?s 3 Lot 21 ?s
I,ot. 22, `. so' Rod. (T*-
L420 y' / so• 1
? ? goo
X's _ ?hav ?oea?fi`o?;
o-? ri` rte, ??`7 -?e,?i- ?n, he??•?? ?c?
setbock
Area SC-le
Lot 23..
/*
Koff ? M4 appears 7q3 ?•
A rea, d proposed r1 p r* MMI 15 e,
D?
Marion area, NC
Edward Bates

emu`
1644
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49614}? (?
l) mi
1 1.5 2

Copyright O 1OW2001 Microsoft Corp. and/or its suppliers. All rights reserved. http:/Mww.microsoRcom/streets
O Copyright 2000 by Geographic Data Technology, Inc. All rights reserved. O 2000 Navigation Technologies. All rights reserved. This data includes information taken with permission from
Canadian authorities 0 Her Majesty the Queen in Right of Canada. 0 Copyright 2000 by Compusearch Mlcromarketing Data and Systems Ltd.
Edward 13te?5
Black For lTo: North Carolina Division of Water Quality

I give Sue Harmon, of permits, Etc., permission to sign as my agent on my
application for shoreline stabilization.
Signature (s) ogee( ??vel??? Gwip4nV . c c

Date i??
Edward Bates
Pioneer Development Comp. LLC
Black Forest / Lot 18

DUKE POWER LAKE MANAGEMENT, EC12-Q
P O BOX 1006
CHARLOTTE, NC 28201-1006
704-382-1567 or TOLL FREE 1-800-443-5193
APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH CAROLINA
Please type or print and fill in all blanks. If information is not applicable, so indicate by placing N/A in blank. PLEASE
SUBMIT APPLICATION AND APPROPRIATE DUKE POWER FILING FEE, PAYABLE TO DUKE POWER,
TO ABOVE ADDRESS.
L Applicant Information
A. Name 150WARD BATES - Pionmr [hydoon-pent CoTj LU,
B. Mailing Address 1500 MARYLAND AVENUE, CHARLOTTE, NC 28209
C. Telephone: [phone]
H. Location of Proposed Project
III.
IV.
V.
A. Lake LAKE JAMES
B. Street Address HIGH CAMPS ROAD, MARION, NC 28752
C. CountyMCDOWELL
D. City, town, community or landmark MARION
E. Section -PHASE 1 Lot # 18 Subdivision BLACK FOREST
F. Directions to property by road -FROM MARION TAKE HWY 221 NORTH / TR ON HANKINS RD. /
TL ON LAKE JAMES RD. / TR ON BLACK FOREST DR / TL ON HIGH CAMPS DR / PROPERTY
ON LEFT
G. Latitude and longitude for the project site LATITUDE 35.73091 LONGITUDE -81.97080
H. Please submit a map showing the coordinates or a detailed map (USGS quad map, city map, etc.) showing the
exact location of the project site. (NOTE: Latitude/ longitude coordinates can be found on internet site,
www.maysonus.com.
Description of Project
A. Length of wall APPROXIMATELY9I,INEAR FEET
B. Material RIPRAP
C. Distance from property line/shoreline-WILL FOLLOW EXISTING SHORELINE
Intended Use of Project Area
A Private YES
B. Commercial
Applicant Signature
Agent Signature _
m1-15, E+c.
iJ??.?e? Date lava-7?
100
A COPY OF THE COMPLETED APPLICATION WITH A ROAD MAP SHOWING LOCATION OF THE PROPERTY
MUST BE SUBMITTED TO: US ARMY CORPS OF ENGINEERS, 151 PATTONAVE. -ROOM 208,
ASHEVILLE, NC 28801-5006
A COPY OF THE "DUKE POWER APPLICATION FOR PERMIT TO STABILIZE THE SHORELINE IN NORTH
CAROLINA" AND SEVEN (7) COPIES OF THE COMPLETED "NC DIVISION OF WATER QUALITY PRE-
CONSTRUCTION NOTIFICATION APPLICATION" MUST BE SUBMITTED WITH THE DIVISION OF WATER
QUALITY APPLICATION FEE TO:
NC DIVISION OF WATER QUALITY
ATTENTION: JOHN DORNEY
PARKVIEW BLDG., 2321 CRABTREE BL VD.
RALEIGH, NC 27604
12/22/05ssb